Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Service Description

CR8U provides an artificial general iteration platform that enables users to automate software development tasks through autonomous AI agents. Our primary product, Hersveit Invent, processes user tasks through multiple AI providers to iteratively build, test, and refine code via a command line interface and desktop application.

The Services are currently in early access. Features, pricing, availability, and supported AI providers may change as the platform evolves.

3. Accounts

To use our Services, you must create an account using a supported authentication provider (Google or GitHub). You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You must be at least 13 years of age to create an account and use the Services. If you are under 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms.

4. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Generate malware, exploits, or code designed to harm systems or individuals
• Attempt to reverse engineer, decompile, or extract the source code of our platform
• Circumvent any security measures, rate limits, or usage restrictions
• Interfere with or disrupt the Services or servers connected to the Services
• Resell, sublicense, or provide access to the Services to third parties without authorization
• Use the Services for automated scraping, data mining, or competitive analysis
• Generate content that is illegal, harmful, threatening, abusive, or otherwise objectionable

We reserve the right to suspend or terminate accounts that violate these restrictions.

5. Your Content

By using the Services, you grant CR8U a limited, non-exclusive license to process your User Content solely for the purpose of providing the Services to you. This license terminates when you delete your content or close your account.

You are solely responsible for your User Content and represent that you have all necessary rights to submit it to the Services. You must not submit content that infringes on the intellectual property rights of others.

6. AI Generated Content

The Services use AI models to generate code, text, and other outputs ("AI Output"). You acknowledge and agree that:

• AI Output is provided "as is" without warranties of any kind, including accuracy, completeness, or fitness for a particular purpose
• You are responsible for reviewing, testing, and validating all AI Output before using it in any production environment
• AI Output may contain errors, bugs, security vulnerabilities, or inaccuracies
• AI Output may inadvertently resemble existing copyrighted material, and you are responsible for ensuring your use complies with applicable laws
• CR8U is not liable for any damages arising from your use of AI Output

Subject to the foregoing, you own the AI Output generated from your inputs through the Services, to the extent permitted by applicable law.

7. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

When you submit prompts and tasks to the Services, they are processed by third-party AI providers to generate responses. These providers are contractually obligated not to use your data for training purposes. For more details, see our Privacy Policy.

8. Billing and Credits

Our Services operate on a credit based billing model. Credits are consumed by autonomous AI compute when you use the platform. The cost of operations depends on the current checkpoint and the AI providers used.

Subscriptions

• Subscription plans include a monthly credit allocation and renew automatically unless cancelled before the renewal date
• Plan upgrades take effect immediately with prorated billing. Downgrades take effect at the start of the next billing cycle
• Pricing and credit values may change at checkpoint intervals with reasonable advance notice

Add-on Credit Purchases

• Active subscribers may purchase additional credit packages as one-time payments
• Add-on credits are added to your balance immediately upon successful payment and do not expire
• Add-on credit purchases are non-refundable unless required by applicable law. Refund requests are handled on a case-by-case basis by contacting support

General

• Payment processing is handled by Stripe. By making a purchase, you agree to Stripe's terms of service
• Unused subscription credits may expire at the end of each billing period as specified in your plan details

You are responsible for all charges incurred under your account, including charges resulting from unauthorized use if you fail to maintain the security of your account credentials.

9. Service Availability

We strive to maintain high availability of our Services, but we do not guarantee uninterrupted access. The Services are provided on a best-effort basis.

The Services are currently in early access. During this period:

• Features may be added, modified, or removed without advance notice
• Service interruptions may occur for maintenance, updates, or unforeseen issues
• No service level agreements (SLAs) are provided during early access

We will make reasonable efforts to notify users of planned maintenance that may affect service availability.

10. Intellectual Property

The Services, including the platform, user interface, design, logos, documentation, and underlying technology, are owned by CR8U and protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in the Services beyond the limited right to use them in accordance with these Terms. The CR8U name, CR8U logo, Hersveit name, and Hersveit Invent name are trademarks of CR8U LLC.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

CR8U, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of or inability to use the Services, regardless of the theory of liability.

CR8U's total aggregate liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amount you paid to CR8U in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100).

The Services, including all AI Output, are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

You agree to indemnify, defend, and hold harmless CR8U and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

13. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in your dashboard. Upon termination, your right to use the Services will immediately cease.

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent activity, extended periods of inactivity, or legal requirements.

Upon termination, sections of these Terms that by their nature should survive will remain in effect, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction in the State of Oklahoma.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you by email or through the Services. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

16. Contact

If you have questions about these Terms, please contact us: